Terms of Use

Acceptance of Terms
By accessing or using the Dolphin Fitness Clubs website, you agree to these Terms and Conditions. If you do not agree, you must refrain from accessing, using, or obtaining goods or services from this website. Continued use of this site constitutes acceptance of these terms.

Eligibility
By using this website, you confirm that you are at least 18 years of age or older.

Medical Disclaimer
The content provided on this website is for informational purposes only and is not intended as a substitute for professional medical advice, diagnosis, or treatment. Always consult a qualified health professional before starting any exercise program or activity. Dolphin Fitness Clubs disclaims any responsibility for injuries or health issues resulting from reliance on the information provided on this website.

Use of Website and Services
The Dolphin Fitness Clubs website and its contents, including but not limited to text, graphics, images, and links, are provided on an “as-is” and “as-available” basis. Dolphin Fitness Clubs makes no warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. The use of this website and its contents is at your own risk.

Modification of Website or Services
Dolphin Fitness Clubs reserves the right to modify, update, interrupt, suspend, or discontinue the website or any services provided at any time without prior notice. We are not liable for any inconvenience or loss resulting from such modifications or interruptions.

Membership Communications
By becoming a member of Dolphin Fitness Clubs, you agree to receive email communications related to your membership, updates on products and services, club rules, and other relevant content. If you do not wish to receive these communications, you can opt out by contacting us at info@dolphinfitnessclubs.com with the subject line “Unsubscribe.” Membership-related communications are an integral part of our services, and opting out may affect the functionality of certain features.

Guest Pass Terms
Guest passes are available to individuals aged 18 or older. Redeeming a guest pass requires participation in a club tour, presentation, and completion of registration. Each individual is permitted to redeem only one guest pass within a 52-week period. Use of the guest pass and access to facilities are subject to all applicable club rules and regulations, which may be updated at the sole discretion of Dolphin Fitness Clubs. Terms and conditions apply. Dolphin Fitness Clubs reserves the right to modify, suspend, or terminate the guest pass program at any time, at its sole discretion, without prior notice.

Accessibility Commitment
Dolphin Fitness Clubs is committed to digital accessibility and aims to comply with relevant accessibility standards, including the Americans with Disabilities Act (ADA). If you encounter any barriers to accessibility, please contact us at 718-333-0100 or email at info@dolphinfitnessclubs.com. Include the specific URL and a description of the issue so we can address your concerns promptly.

Third-Party Links
Dolphin Fitness Clubs provides links to third-party websites as a convenience. We are not responsible for the content, accuracy, or accessibility of such websites. Use of third-party links is at your own risk, and you should review the terms and policies of those sites independently.

Governing Law and Dispute Resolution
This Agreement shall be governed by the laws of the State of New York, without reference to its or any other state’s conflicts of law principles.

Arbitration of Disputes
Except for “Intellectual Property Disputes” as defined below, all disputes, controversies, or claims between the parties (including claims against Dolphin Fitness Clubs’ suppliers) arising out of or relating to this Agreement, or concerning the respective obligations of the parties under this Agreement, shall be resolved by final and binding arbitration. The arbitration will be conducted by a single arbitrator in accordance with the Arbitration Rules of the American Arbitration Association (AAA), or if the AAA is not in operation at the time the proceeding commences, pursuant to the corresponding procedures of JAMS. The arbitration shall take place in New York County, New York.

Each party shall bear its own administrative costs and expenses for the arbitration proceedings, including arbitrator’s fees, unless otherwise awarded under the applicable arbitration rules and procedures. Licensees are responsible for their own attorney’s fees. Licensees expressly waive the right to bring any class arbitration or to participate as a class member in any arbitration against Dolphin Fitness Clubs.

Intellectual Property Disputes: Any disputes arising from or relating to intellectual property rights shall be brought exclusively in the courts of the State of New York, sitting in New York County, or the United States District Court for the Southern District of New York. Both parties consent to the personal jurisdiction of these courts and waive any objections to venue or claims of inconvenient forum. Intellectual property disputes include but are not limited to disputes involving unauthorized use or copying of the company’s trademarks, software, or other intellectual property rights, and challenges to ownership, validity, or infringement of such rights.

Waivers: Each party waives the right to a jury trial and agrees not to participate in any class action or class arbitration relating to claims arising under this Agreement. Each party also waives objections to service of process by certified or registered mail.

Severability of Arbitration and Court Disputes
In the event that a court dispute involves a counterclaim that would ordinarily be subject to arbitration, such counterclaim shall proceed independently in arbitration, while the court dispute continues in its respective forum.

Amendments to Terms
Dolphin Fitness Clubs reserves the right to amend or update these Terms and Conditions at any time without prior notice. Continued use of the website constitutes your acceptance of the updated terms. Users are encouraged to review these Terms periodically to stay informed of any changes.

Privacy Policy
For information on how we collect, use, and protect your personal information, please refer to our Privacy Policy page.

Disclaimer
Your use of the Dolphin Fitness Clubs website, facilities, or services is at your sole risk. Dolphin Fitness Clubs disclaims all liability for any direct, indirect, incidental, consequential, or special damages, including but not limited to injuries, data loss, or business interruptions arising from the use of the website or facilities. By using the website, you agree to waive any claims against Dolphin Fitness Clubs, its affiliates, employees, and representatives.

For any questions and concerns contact us at 718-333-0100 or email at info@dolphinfitnessclubs.com.

Last updated 12/23/2020